DAY ONE | JUNE 17, 2010

9:00 am
Opening Remarks from the Co-Chair
Catherine Tyndale
Counsel, Nicholl Paskell-Mede

9:10 am
Interpreting the CGL Policy: What’s In? What’s Out? And What Could be Trouble?
Sandra R. Chaytor, Q.C.
Partner, Cox & Palmer (St. John’s)
Mario Pietrangeli
Partner, Hughes Amys LLP

Pinpointing troublesome terms and identifying why these lead to disputes makes interpreting the commercial general liability policy very tricky.
This case study will examine the current coverages and exclusions in these policies. It will review latest leading commercial general liability cases
and analyze any current trends. The session will leave you better equipped to navigate the CGL policy.

• What triggers coverage? Has this point been settled by the courts?
  • Understanding the elements that need to be present in order for a claim to be covered.
• Are any coverage areas expanding? Are any being restricted?
• Exploring recent changes to standard policy wordings
• Identifying pitfalls to avoid
• How does recent case law define "accident"?
• Reviewing what an "occurrence" is
• What is "property damage"?

10:10 am
Networking Coffee Break

10:25 am
Bringing You Up to Speed on D&O Liability Coverage Developments
Catherine Tyndale
Counsel, Nicholl Paskell-Mede

• Who needs D&O coverage nowadays?
• Clarifying what is normally covered under D&O liability policies
• Identifying new areas of exposure for directors and officers; best practices for protecting against this exposure
• Exploring the denials for D&O liability coverage
• U.S. trends – what are they and how could these affect Canada?
• Impact of the financial scandals on D&O coverage?

11:25 am
Picking Apart Contractual Insurance & Indemnification Clauses
Cathy Keyes
Thomas Gold Pettingill LLP

• How are contractual insurance and indemnification clauses affecting coverage under insurance policies as a result of the new limitation period?
• Analyzing judicial considerations of these clauses: reviewing new trends and recent developments
• What happens if a 3rd party’s policy also provides for indemnities?
• Let’s get practical: Examining real clause examples

12:30 pm
Networking Luncheon for Delegates & Speakers

1:45 pm
Identifying Legal Developments in Course of Construction Coverage Policies
Dominic Clarke
Partner, Blaney McMurtry LLP

• Reviewing the interaction between General Liability, Builders Risk and Wrap-Up liability policies
• Understanding what is covered
• Identifying the limits of liability: What are the exclusions?
• Insight into the current issues that arise
• When should umbrella policies be purchased? What added coverage do these provide?
• Insight into business interruption coverage
• Managing priority disputes between GL and Wrap-Up policies
• What factors impact insurance policy costs?

2:30 pm
Networking Coffee Break

2:45 pm
How Many Insurance Policies Does It Take to Repair a Light Bulb? Litigating Construction Defect
Cases & Property Insurance Policies
Peter R. Braund
Partner, Borden Ladner Gervais LLP
Jack F. Fitch
Senior Partner, Hughes Amys LLP
Hershel J. Sahian
Partner, Hughes Amys LLP

• Reviewing Canadian National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada, 2008 SCC 66; has this decision narrowed the "faulty or improper design" exclusion found in many all-risk property and builders risk insurance policies?
• What are the exclusions triggered by faulty workmanship and design claims?
• Analyzing the case law from across Canada: is there uniformity or divergent rulings?
• Dealing with exclusions on "all-risk" property policies
• Understanding how the insurers/underwriters interpret these clauses
• Whose policy of insurance is primary?
• Reviewing the American perspective; what are the trends? What does this mean for Canada?

3:45 pm
Distinctions of Quebec: Analyzing Issues Specific to Quebec Claims & Coverages
Trevor McCann
Partner, Nicholl Paskell-Mede LLP (Montréal)

Québec’s insurance law differs in some significant ways from that of Canadian common law jurisdictions. This session will provide
an introduction to Québec insurance law’s particularities and trends, focus on its key unresolved issues, and reveal strategies for
navigating these distinctive coverage issues.

Topics covered will include:

• Navigating the "costs in excess of limits" provision for primary and excess insurers
• Dealing with misrepresentations
• "Claims made and reported" wording enforceability
• Procedural and evidentiary issues surrounding the duty to defend
• Direct recourses by third parties and post-loss breaches of policy conditions
• Subrogation priorities

4:30 pm
Co-Chairs’ Recap – Conference Adjourns

DAY TWO | JUNE 18, 2010

8:50 am
Opening Remarks from the Co-Chair
Jamieson Halfnight
Partner, Halfnight & McKinlay Professional Corporation

9:00 am
Demystifying the Duty to Defend: Latest Cases & Current Trends
Francine A. Armel
AVP Financial & Professional Services, Travelers Guarantee Company of Canada
Jamieson Halfnight
Partner, Halfnight & McKinlay Professional Corporation
Paul S. Prosterman
Partner, Ogilvy Renault LLP (Montréal)

While insurers continue to test the courts as to their duty to defend in varying situations, the issue still remains unclear. This session will
bring you up to speed on the latest duty to defend developments. It will look at the tri-partied relationship between defence counsel the
insured and the insurer and deal with the conflicts of interest that arise as a result of this relationship. Finally, this session will look at the
duty to defend from the Québec perspective.

• Analyzing recent case law which extends the insurers’ duty to defend; on what basis does the insurer have an obligation to respond or defend?
• How are courts interpreting this duty? What are the ramifications if an insurance company refuses to pay defence costs?
• Demystifying the difference between the duty to defend and the duty to indemnify
• What happens when there’s an additional insured in the picture?
• What’s the latest on non-waiver agreements? Accepting the duty to defend while preserving the right to recover from an insured
• Examining current trends and case law on the allocation of defence costs where there are covered and uncovered claims
• Resolving conflicts of interest: examining the relationship between defence counsel, the insured and the insurer
  • Managing each party’s expectations, rights & obligations
  • Understanding the liability triangle between the parties in contract and tort

10:10 am
Networking Coffee Break

10:25 am
Conquering Coverage Complexities
William G. Scott
Partner, McCarthy Tétrault LLP

Overlapping Coverage

• Recognizing overlapping insurance coverage between a primary carrier and excess insurers
• Recognizing overlapping coverage between two primary carriers

Allocation Desperation: How Are Costs Allocated in Canada?

• Analyzing the recent case law: UWO v. Guardian 2008
• Apportioning defence costs between covered and non-covered claims
• Investigating the issue of prospective & retrospective allocation of costs

Additional Named Insured: Where Does the Law Stand?

• Demystifying the issue of "additional insured" versus "additional named insured"… is there a difference?

11:35 am
Clearing the Air on Environmental & Pollution Exclusion Clauses: What’s New? What’s Covered? What Isn’t?
Janet L. Bobechko
Certified Specialist (Environmental Law), Partner, Blaney McMurtry LLP
Kate Dodge
Vice-President, National Environmental Practice Leader, Aon Reed Stenhouse Inc.

Dissecting an environmental policy:

• Understanding the core coverages
• Assessing the scope of enhancements available and restrictions imposed
• Documenting policy language

Analyzing new developments of pollution and environmental exclusions (including current exclusions)

• Interpreting these exclusions – how is coverage triggered or avoided?
• What are the courts saying?
• What has the claims experience been? Lessons learned

Emerging trends & new risk frontiers: how are environmental policies accommodating & adapting to such change?

• Regulatory amendments (i.e. stringent standards imposed under Reg 511/09)
• Climate Change
• Soft "Pollutants" (i.e. bacterial contamination)
• Unprecedented contractual liability (i.e. Public-Private Partnerships)

When and why to utilize dedicated environmental insurance?

• Backstopping operational vs transactional risk
• Satisfying lender requirements
• Protecting D&Os

12:25 pm
Networking Luncheon for Delegates & Speakers

1:40 pm
Managing Multi-Jurisdictional Coverage Issues
Gary H. Luftspring
Partner, Ricketts Harris LLP

What happens when a policy is issued and a claim is made in another jurisdiction? This adds for another layer of complication
in the already tricky area of insurance coverage disputes. This session will review the law on issues such as which law applies
and which court should rule on the dispute. It will delve into other cross border coverage issues and provide you with strategies
for conquering these issues.

2:30 pm
Networking Coffee Break

2:45 pm
Coverage Disputes MASH UP: Quick Need to Knows...
Tax Gross-Ups on Subrogated Claims
Cara L. Brown, M.A.
Principal, Brown Economic Consulting Inc. (Calgary)

Should tax gross-ups be paid on subrogated claims? Some courts have awarded a tax gross-up while others have not? Has the law settled?

The Confusion Surrounding Fidelity Bonds
Jamieson Halfnight
Partner, Halfnight & McKinlay Professional Corporation

Do corporate insureds typically work under a misconception that the fidelity bonds they purchase provide generalized fraud coverage? Come
and learn about the very specific and narrow application that fidelity bonds actually do have. This session will provide an analysis of the insuring
agreement of a fidelity bond.

Good Faith Steps to Preventing Third Party Bad Faith Claims: Understanding and Exploring Developments in the Law
Eric Sigurdson
General Attorney & Vice President, Legal Services (Claims), TD Insurance

• Types of third party claims in which bad faith allegations may arise
• What to look for – primary insurers, defence counsel, independent counsel for underinsured defendants, independent or coverage counsel
  for insurer(s), excess insurers, plaintiff counsel
• Analyzing Canadian and US judicial decisions
  • how will the US experience affect things here?
• Practical tips for managing the issue and ensuring the rights of all parties are considered

4:00 pm
Co-Chairs’ Closing Remarks – Conference Concludes